Today we face a climate of ever increasing misdirection by popular media. This site, along with others, aims to reveal the reality of America and the loss of fact inherent to the over riding theme of our current political and social confusion: Purposeful deception.

Sunday, March 4, 2012

Targeting Free Expression

Free expression in all forms
is fundamental in democratic societies. Without it, all other freedoms are at
risk.

Included are free speech, a
free press, freedom of thought, culture, and intellectual inquiry. It also
includes the right to challenge government authority peacefully, especially in
times of war and cases of injustice, lawlessness, official incompetence, and
abusive government behavior.

Denying it risks tyranny.
Voltaire defended it, saying "I may disapprove of what you say, but I will
defend to the death your right to say it."

Howard Zinn called dissent
"the highest form of patriotism." It includes the right to speak and
write freely, assemble, protest publicly, and associate with anyone for any
reason lawfully.

Democracy depends on it.
Bill of Rights freedoms affirm it. Nonetheless, US history is strewn with abusive
laws. The 1798 Sedition Act criminalized publishing "false, scandalous and
malicious writing" against President John Adams or Congress, but allowed
it against Vice President Thomas Jefferson.

The 1917 Espionage Act
imprisoned anyone convicted of "insubordination, disloyalty, mutiny, or
(encouraging) refusal of duty in the military or naval forces of the United States."

It targeted First Amendment
speech against WW I and American's participation in it. The 1918 Sedition Act
went further. It criminalized "disloyal, scurrilous (or) abusive"
anti-government speech.

The Supreme Court upheld the
Espionage Act, notably in (Eugene) Debs v. United States.
A five-time socialist presidential candidate, he served prison time for
opposing militarism and America's
WW I entry.

In 1968, the Warren Court
disallowed draft card burning on grounds it would disrupt the "smooth and
efficient functioning" of American recruitment.

"(I)f there is a
bedrock principle underlying the First Amendment, it is that government may not
prohibit the expression of an idea simply because society finds the idea
offensive or disagreeable."

America has no Brennans today. As a result, speech and all
other liberties are threatened. Under either major party, the nation's hurtling
toward tyranny.

Forgotten is Jefferson's warning, saying:

"What country can
preserve its liberties if their rulers are not warned from time to time that
their people preserve the spirit of resistance." He also said free speech
"cannot be limited without being lost."

Former US Supreme
Court Justice Thurgood Marshall added:

"Above all else, the
First Amendment means that government has no power to restrict expression
(regardless of its) ideas…subject matter (or) content….Our people are
guaranteed the right to express any thought, free from government censorship."

Suppressing Free Expression

Major media scoundrels are
thought control gatekeepers. Instead of reporting vital information accurately,
they suppress it. The free interchange of speech, ideas, and opinions suffers.
Public opinion's manipulated to support what people should oppose, denounce,
and refuse to accept.

Fourth Amendment protections
from unreasonable searches and seizures;prohibitions against
unchecked government surveillance powers to monitor virtually all our
activities, and use secret "evidence" unavailable to counsel in
prosecuting politically targeted defendants.

In addition, the Act created
the federal crime of "domestic terrorism." It applies to US citizens
and aliens. It states criminal law violations are considered domestic terrorist
acts if they aim to "influence (government policy) by intimidation or
coercion (or) intimidate or coerce a civilian population."

By this definition, anti-war
and global justice demonstrations, environmental and animal rights activism,
civil disobedience, and dissent of any kind may be called "domestic
terrorism."

As a result, Occupy Wall
Street and other protesters may be arrested and so charged.

"Amends the federal
criminal code to revise the prohibition against entering restricted federal
buildings or grounds to impose criminal penalties on anyone who knowingly
enters any restricted building or grounds without lawful authority.""Defines 'restricted
buildings or grounds' as a posted, cordoned off, or otherwise restricted area
of: (1) the White House or its grounds or the Vice President's official
residence or its grounds, (2) a building or grounds where the President or
other person protected by the Secret Service is or will be temporarily
visiting, or (3) a building or grounds so restricted due to a special event of
national significance."

On February 6, a Senate
amendment titled, "FederalRestrictedBuildings
and Grounds Improvement Act of 2011" passed unanimously with no dissent.

On February 28, the House
suspended the rules and passed HR 347 388 - 3. The bill awaits Obama's
signature.

Only the fullness of time
will determine how much damage is done, but clear red flags are raised.

On February 29, Russia Today reported
how First Amendment rights are risked, saying: "Just when you thought
the government couldn't ruin the First Amendment any further," this
measure threatens legitimate protests near locations where US officials are
present, even with no knowledge they're there.

Participants may be
criminally prosecuted for exercising their First Amendment rights.

Section (c) states:

"the term restricted
buildings or grounds means any posted, cordoned off, or otherwise restricted
area -

(A) of the White House or
its grounds, or the Vice President's official residence or its grounds;

(B) of a building or grounds
where the President or other person protected by the Secret Service is or will
be temporarily visiting; or

(C) of a building or grounds
so restricted in conjunction with an event designated as a special event of
national significance; and

(2) the term ‘other person
protected by the Secret Service’ means any person whom the United States Secret
Service is authorized to protect under section 3056 of this title when such
person has not declined such protection.’ "

In fact, they may be covered
wherever they are any time for any purpose. Virtually any event may be
designated "significant."

Among others, they include
congressional sessions, party conventions, G8, G20, IMF, World Bank, and NATO
meetings/summits, public appearances for any reason, funerals of prominent
officials, locations with visiting foreign dignitaries or despots, and other
events unrelated to government business.

Vague language leaves it up
for grabs how authorities will use this measure, and how courts will interpret
it if challenged.

Expect worse if they're
criminalized for exercising their First Amendment rights. As a result, they may
be subject to arrest, prosecution, imprisonment up to 10 years, and/or fines.

Whether it turns out this
way isn't clear. However, numerous police state laws currently target First
Amendment and other freedoms. Activists are wrongfully imprisoned on bogus
domestic terrorism charges.

A Final Comment

Will sweeping anti-OWS
crackdowns follow under HR 347 and other measures entirely destroying
inviolable constitutional rights cast aside to enforce tyranny? Only the
fullness of time will tell, but don't bet against it.

Remember Jefferson's
warning that "All tyranny needs to gain a foothold is for people of good
conscience to remain silent."

In today's climate of
permanent war, corporate predation, and state-sponsored fear, if ordinary
people don't defend their rights, who will?

Stephen Lendman lives in Chicago and can be
reached at lendmanstephen@sbcglobal.net.

Also visit his blog site at
sjlendman.blogspot.com and listen to cutting-edge discussions with
distinguished guests on the Progressive Radio News Hour on the Progressive
Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at
noon. All programs are archived for easy listening.

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